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Why I Believe IBM is Free to Sue The Pants Off TurboHercules - Updated 9Xs

"It seems Groklaw will have to open a new category, answering
Florian Mueller FUD. As you know he recently claimed that IBM had
violated its public pledge not to sue Linux for patent
infringement. I think he's mistaken. IBM, when it announced the
patent pledge, specifically reserved the right to defend itself
from attack: "IBM has no intention of asserting its patent
portfolio against the Linux kernel, unless of course we are forced
to defend ourselves," said Nick Donofrio, senior vice president for
technology and manufacturing, drawing applause in a speech at the
LinuxWorld Conference and Expo.

"And in the TurboHercules story, who is suing whom? It's not
IBM, folks. The complaint against IBM was filed with the EU
Commission by TurboHercules. At that exact moment, did they not
take themselves out from under the patent pledge's safety
umbrella?

"So be it.

"Meanwhile, IBM's Dan Frye has reiterated its patent pledge in
an email published on the Linux Foundation Executive Director Jim
Zemlin's blog. IBM hasn't sued anyone. TurboHercules is filing
complaints, to which IBM is responding."